Kelly sues Hegseth over ranking, pension dispute

Sen. Mark Kelly (D-Ariz.) has filed a lawsuit against Defense Secretary Pete Hegseth, the Department of Defense, the Navy, and Naval Secretary John Phelan in the U.S. Sen. Mark Kelly (D-Ariz.) asked a federal judge Monday to immediately block Defense Secretary Pete Hegseth from reducing his retired military rank and pension, which are unlawful and would chill veterans' and lawmakers' speech.

Kelly sued Hegseth, the Department of Defense, the Navy, and Naval Secretary John Phelan in the U.S. District Court in Washington, D.C. The senator wants an emergency ruling by Friday to stop administrative proceedings against him and declare them unconstitutional.

“Pete Hegseth is coming after what I earned through my twenty-five years of military service, in violation of my rights as an American, as a retired veteran, and as a United States Senator whose job is to hold him—and the government or any administration—accountable,” Kelly said after filing the suit. “His unconstitutional crusade against me sends a chilling message to every retired military member: if you speak out and say something the President or Secretary of Defense does not like, you will be censured, threatened with demotion, or even prosecuted.”

Kelly and five other lawmakers with military or intelligence experience urged the U.S. forces not to follow unlawful orders in a November video. Marine jurisdiction applies to retired Navy captain and astronaut Kelly.

Hegseth sent a formal letter of censure in early January, saying Kelly “undermined the chain of command” and “counseled disobedience,” beginning an administrative review that could lower his retirement rank and pension.

Kelly's lawsuit claims the Pentagon cannot punish him for First Amendment and expression or the Debate Clause expression, which protects Congress's public policy discussions. He claims that historical practice limited the evaluation of retirement rank to wrongdoing while serving, not after retirement.

Due to a protocol prohibiting discussion of pending legal matters, a Defense Department representative acknowledged only the litigation.

President Donald Trump called the video “SEDITIOUS BEHAVIOR punishable by DEATH!” on social media, sparking uproar and Pentagon scrutiny.

Legal scholars warned news outlets that the action raises difficult constitutional problems about military jurisdiction over retired people and government speech regulation by lawmakers. Some say the review is unfounded and predict a Kelly victory.

After the initial censure and administrative action this month, the situation escalates tensions between Kelly and Hegseth. Kelly's interim relief hearing is coming up.